Current through Register Vol. 48, No. 3, March 22, 2024
A. Application. After the receipt of the
application for licensure/relicensure by the Department, the Department shall
initiate a licensing study within two (2) weeks and shall complete the study
within ninety (90) days.
B.
Issuance. Upon completion and submission of the licensing/relicensing study to
the Department, the Department shall issue a Temporary license or a Standard
license or deny the application/reapplication.
C. Display of License. The license is the
property of the Department and shall be prominently displayed at all
times.
D. Compliance. Any child
placing agency which operates any form of child care program, whether day care
or residential in nature, must comply with all applicable State regulatory
requirements for that type of child care program.
E. Standard License. The Department shall
issue a Standard License when a child placing agency meets all the regulations.
A Standard License is in effect for one (1) year from the date of issuance
unless cancelled, modified to a Temporary License, revoked or
suspended.
F. Temporary License
(1) The Department may grant a Temporary
License to a child placing agency that is temporarily unable to comply with a
regulation(s).
(2) The licensee
shall have a written plan, approved by the Department, to correct the areas of
noncompliance within the probationary period.
(3) A Temporary License may be issued for up
to six (6) months. It may be extended once for an additional six (6) months
after consideration of noted deficiencies.
(4) A Temporary License that states the
condition of the probation may be issued at any time; provided, however, that a
Temporary License may only be issued when the Department is satisfied that:
(a) The regulations can and will be met
within a reasonable time, and;
(b)
The deviations do not seriously threaten the health and safety of children, or
otherwise adversely affect clients.
(5) Any existing license is invalid when a
Temporary License is issued.
(6) At
the expiration date of the Temporary License, if the provider wishes to
continue or remain open the Department shall reinstate the original license to
the end of its term, issue a new license, or revoke the license.
(7) To request a change from a Temporary
License to a Standard License, the child placing agency shall notify the
Department that all deficiencies which required the Temporary License have been
corrected.
(8) After the Department
determines that the areas of noncompliance have been corrected, a Standard
License shall be issued.
G. Denial or Revocation of a License
(1) Any of the following actions by a child
placing agency or any employee thereof may be grounds for denial or revocation
of a license:
(a) An intentional act or
omission violating the South Carolina Child Protection Act, or any other act or
omission in violation of professional social work standards and threatening the
health or safety of clients;
(b) A
violation of the provisions of the Licensing Law, S. C. Code 20-7-2230 through
20-7-2290 or any regulation pursuant to that law, or any violation of the
adoption law or its regulations;
(c) The employment of any individual who has
been determined to have committed any act referenced in R.
114-4910
C(6) of these regulations, where that individual has direct contact with
children as a result of employment. However, the child placing agency may
request a waiver of this requirement. The individual must submit written
documentation regarding the type of rehabilitation program they might have
undergone and the effects of the rehabilitative efforts on their
behavior/lives. An evaluation by the involved counselor or therapist must also
be submitted to the Department. The Commissioner or his designated
representative(s) will review this data and determine if a license can be
issued;
(d) A failure to comply
with licensing regulations with a determination by the Department that
compliance cannot be accomplished within established or reasonable time
limits;
(e) False information given
during the application or relicensing process;
(f) Material misrepresentations to clients
during the course of child placing agency business;
(g) A judicial determination of a violation
of the South Carolina Unfair Trade Practices Act;
(2) The decision to deny or revoke a license
is made by the Department.
(3) A
license which has been revoked must be returned to the Department within ten
(10) working days.
H.
Appeal of Denial of Application or Revocation of a Child Placing Agency License
(1) Any child placing agency whose
application has been denied or whose license has been revoked may request a
hearing pursuant to the same provisions applicable to private child day care
centers found in 20-7-2760, Code of Laws of South Carolina, except that any
judicial review of a final agency decision shall be based upon a review of the
administrative hearing record, rather than a trial de novo. The Department will
be responsible for documenting violations which warrant denial of an
application/revocation of a license. If the Department is not represented by an
attorney, the Department staff will be responsible for presenting the case,
cross examining witnesses, etc.
(2)
If the child placing agency does not appeal a denial or revocation within
thirty (30) days, the Department may proceed to require immediate cessation of
business by the child placing agency, including injunctive action where
necessary. Where harm to clients is imminent, the Department may proceed to
seek an injunction prior to the expiration of thirty (30) days.
I. License Amendments
(1) Amendments must be requested in writing
to the Department prior to a change in location, name change, or in the case of
foster homes, the number of children served.
(2) Upon receipt and approval of the
amendment, a new license shall be issued within thirty (30) calendar days. The
original license must be returned to the Department within five (5) working
days after receipt of the new license.
